So this renounced artist MF Hussain, who was a citizen of Qatar when he died yesterday. Though my heart prays for his soul to RIP, but I have never been a fan of him or supported him. To set a brief context, he is an Indian who supposedly had to leave India to escape from arrest which was due to some court cases against him. There was a lot of agitation and legal retaliation against him because he painted Hindu goddesses in nude and sexual manner.

This had time and again in our country created debates on freedom of expression. So before I discuss my views on freedom of speech and expression, I would also like to quote where legality stands on this particular issue does. So this is what our constitution says about Freedom of Speech & Expression-

 

(1) All citizens shall have the right—

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(g) to practise any profession, or to carry on any occupation, trade or business.

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

So coming back to my point I respect our forefathers to include the freedom of speech and expression in our constitution; but my respect trebles on their foresight when I read the clause 2. Now coming back to case of MF Hussain, I see these areas where I think whatever happened to him weren’t totally unjustified.

Firstly if he painted some goddesses in a naked and sexual way his freedom of speech and expression was clearly shaky on the grounds of morality, decency and may be secularity too. When there were cases against him, he left the country, if one is convinced that whatever his expression was it was not indecent, immoral or affected the secularity of the state then he always had the option to fight the legal way out running out of the country is not an answer.

Secondly, he chose Qatar as the place where he would belong after separating from India; did he try and attempt to do an illustration which might have been a bit controversial for the people of Qatar. I am sure that would not be the case but instead he worked on the project under the ruling family glorifying the Arab history. Not that I have a problem with that but then my problem lies with the fact that between India & Qatar there is a drastic change in his idea of creative expression through art.

Now, coming back to a deeper question which a lot of people have been demanding, the creative freedom of expression should not be restricted by the rider in the clause (2) is where I have a huge problem. My entire argument in this regard is based on the premise of non discrimination and equality in the constitution would hold true. So when you waive off the rider for someone like MF Hussain to allow him to paint whatever he wants no matter how offending or immoral or indecent it may be, but he should be allowed to do as it is his form of creative expression. This is where my problem starts, now a good for nothing guy is standing on the corner of the crossroads and making lewd gestures to women passing by. Now he doesn’t say anything nor physically touches them. So technically he is performing an art form which can be a mime (or we can call it something else) which is offending, indecent & immoral to a lot of people (while it might be funny to some idiots standing around) but our constitution would allow it in the absence of the clause (2). I would accept a lot of arguments on this, but I would not accept an argument which is based on the premise that the laws of this Good-For-Nothing-Guy should be different from MF Hussain and I would not accept that Art & Paintings need to be given more rights than Mime (or whatever you want to call those lewd gestures technically).

He no doubt was one of the best painters India ever had but then he was a pathetic movie maker too (If I would have met him I would have asked my money back for GajaGamini).To conclude I would only say, my Hussain saab’s soul rest in peace. I have no issues with him or what he did; he paid a hefty price for it in his life time.It’s not an easy thing to live in self-imposed exile. I am sure the majority of the Indian population is gracious busy enough to forgive and forget him as they would soon forget the likes of A Raja & Kalmadi to elect them back in power then I guess the best painter of India deserved the “Saare Gile Shikwe Maaf” from us.